Colvin v. M.J. Dean Construction, Inc.
Plaintiff: Parnell Colvin
Defendant: M.J. Dean Construction, Inc.
Case Number: 2:2020cv01765
Filed: September 22, 2020
Court: US District Court for the District of Nevada
Presiding Judge: Andrew P Gordon
Referring Judge: Elayna J Youchah
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 2000 e Job Discrimination (Employment)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2023 Opinion or Order Filing 76 ORDER Denying #73 Motion to Amend the Pretrial Order. Signed by Judge Andrew P. Gordon on 1/23/2023.(Copies have been distributed pursuant to the NEF - KF)
January 7, 2023 Filing 75 NOTICE of Appearance by attorney Michael P. Balaban on behalf of Plaintiff Parnell Colvin. (Balaban, Michael)
December 13, 2022 Filing 74 RESPONSE to #73 Motion by Defendant M.J. Dean Construction, Inc.. Replies due by 12/20/2022. (Attachments: #1 Exhibit, #2 Exhibit)(Rosenthal, Robert)
November 29, 2022 Filing 73 MOTION to Add Witness to Trial List by Plaintiff Parnell Colvin. Responses due by 12/13/2022. (KF)
November 16, 2022 Filing 72 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/16/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Daniel Marks and Parnell Colvin, Plaintiff; Def Counsel: Robert Rosenthal; Recording start and end times: 2:18p.m. - 2:19p.m./SEALED: 2:19p.m. - 2:46p.m./2:46p.m. - 2:48p.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel and plaintiff as to #65 Motion to Withdraw Attorney. The Court conducts an in-camera hearing with Mr. Marks and Parnell Colvin, Plaintiff. The courtroom is reopened, and defendants counsel enters. The Court GRANTS the Motion to Withdraw Attorney (ECF #65). The Court addresses the current trial date scheduled in this case. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
November 15, 2022 Filing 71 REPLY to #70 Response to #65 Motion to Withdraw as Attorney by Plaintiff Parnell Colvin. (TRW)
November 8, 2022 Filing 70 REPLY to Response to #65 Motion to Withdraw as Attorney by Plaintiff Parnell Colvin. (Marks, Daniel)
November 8, 2022 Filing 69 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 11/8/2022. By Judicial Assistant: E. Santiago.Re: Motion to Withdraw as Counsel for Plaintiff (ECF No. 65). Motion Hearing set for Wednesday, November 16, 2022 at 2:00 pm in LV Courtroom 3A before Magistrate Judge Elayna J. Youchah. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
November 4, 2022 Filing 68 MOTION for Hearing re #65 Motion to Withdraw as Attorney by Plaintiff Parnell Colvin. Responses due by 11/18/2022. (KF)
November 4, 2022 Filing 67 RESPONSE to #65 Motion to Withdraw as Attorney by Plaintiff Parnell Colvin. Replies due by 11/11/2022. (KF)
October 31, 2022 Filing 66 NON-OPPOSITION to #65 Motion to Withdraw as Attorney by Defendant M.J. Dean Construction, Inc.. (Rosenthal, Robert)
October 31, 2022 Filing 65 MOTION to Withdraw as Attorney by Daniel Marks for Plaintiff Parnell Colvin. Responses due by 11/14/2022. (Marks, Daniel)
September 26, 2022 Opinion or Order Filing 64 ORDER Granting #61 Joint Pretrial Order. Calendar Call set for 3/21/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 3/27/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 9/26/2022. (Copies have been distributed pursuant to the NEF - TRW)
September 23, 2022 Filing 63 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #61 was not filed pursuant to LR IC 5-1(b) by attorneys Daniel Marks and Nicole M. Young. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD)
September 23, 2022 Filing 61 Proposed Joint Pretrial Order by Plaintiff Parnell Colvin.. (Marks, Daniel)
September 22, 2022 Filing 62 Consent for Electronic Service of Documents by Plaintiff Parnell Colvin. (Ad Hoc : QC - KF)
September 9, 2022 Filing 60 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #58 was not filed pursuant to LR IC 5-1(b) by attorneys Nicole M. Young and Daniel Marks. Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. Do not refile document. (no image attached) (SLD)
September 8, 2022 Opinion or Order Filing 59 ORDER Granting #58 Stipulation to Extend Deadline for Joint Pretrial Order. Proposed Joint Pretrial Order due by 9/23/2022. Signed by Magistrate Judge Elayna J. Youchah on 9/8/2022. (Copies have been distributed pursuant to the NEF - KF)
September 8, 2022 Filing 58 STIPULATION FOR EXTENSION OF TIME (Second Request) to Extend Deadline for Joint Pretrial Order re #57 Order, by Plaintiff Parnell Colvin. (Marks, Daniel) (extend) (pretrial) Modified on 9/9/2022 to link document pursuant to LR IC 2-2(d) (SLD).
July 8, 2022 Opinion or Order Filing 57 ORDER Granting #56 Stipulation for Extension of time. Proposed Joint Pretrial Order due by 9/9/2022. Signed by Magistrate Judge Elayna J. Youchah on 7/8/2022. (Copies have been distributed pursuant to the NEF - JQC)
July 8, 2022 Filing 56 First STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff Parnell Colvin. by Plaintiff Parnell Colvin. (Marks, Daniel) (extend) (pretrial)
June 10, 2022 Opinion or Order Filing 55 ORDER.IT IS ORDERED that defendant M.J. Dean Construction, Inc.'s motion for summary judgment (ECF No. #43 ) is GRANTED in part as detailed in this Order. IT IS FURTHER ORDERED that plaintiff Parnell Colvin's motion for partial summary judgment (ECF No. #44 ) is DENIED. IT IS FURTHER ORDERED that Plaintiff Parnell Colvin's motions to strike and exclude (ECF Nos. #45 , #49 ) are DENIED as moot. Signed by Judge Andrew P. Gordon on 6/10/2022. (Copies have been distributed pursuant to the NEF - KF)
November 22, 2021 Filing 54 REPLY to Response to #49 Motion, by Plaintiff Parnell Colvin. (Attachments: #1 Exhibit Exhibit 1) (Marks, Daniel)
November 22, 2021 Filing 53 ERROR: Document terminated - wrong event selected. Attorney refiled. See #54 . RESPONSE to #49 Motion, by Plaintiff Parnell Colvin. Replies due by 11/29/2021. (Attachments: #1 Exhibit Exhibit 1) (Marks, Daniel) Modified on 11/23/2021 (SLD).
November 15, 2021 Filing 52 RESPONSE to #49 Motion, by Defendant M.J. Dean Construction, Inc.. Replies due by 11/22/2021. (Attachments: #1 Index List of Exhibits, #2 Exhibit A, #3 Exhibit B) (Rosenthal, Robert)
November 12, 2021 Filing 51 REPLY to Response to #43 Motion for Summary Judgment, by Defendant M.J. Dean Construction, Inc.. (Rosenthal, Robert)
November 10, 2021 Filing 50 REPLY to Response to #44 Motion for Partial Summary Judgment by Plaintiff Parnell Colvin. (Marks, Daniel)
November 1, 2021 Filing 49 MOTION to Exclude Witnesses and Strike Exhibits re #43 Motion for Summary Judgment, by Plaintiff Parnell Colvin. Responses due by 11/15/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Marks, Daniel)
October 29, 2021 Filing 48 RESPONSE to #44 Motion for Partial Summary Judgment by Defendant M.J. Dean Construction, Inc.. Replies due by 11/12/2021. (Attachments: #1 Index List of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Rosenthal, Robert)
October 29, 2021 Filing 47 CLERK'S NOTICE. Attorney Action Required to ECF No. #45 . Document was not filed pursuant to LR IC 2-2(b) by attorney Daniel Marks. For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. #45 as a Motion to Exclude Witnesses using the same PDF image, along with the Exhibits and use document event Motion Miscellaneous to be in compliance with LR IC 2-2(b) and LR IC 2-2(c) by filing a separate document for each request or purpose. (no image attached) (SLD)
October 28, 2021 Filing 46 RESPONSE to #43 Motion for Summary Judgment, by Plaintiff Parnell Colvin. Replies due by 11/11/2021. (Marks, Daniel)
October 28, 2021 Filing 45 MOTION to Strike by Plaintiff Parnell Colvin. Responses due by 11/11/2021. (Attachments: #1 Exhibit Exhibit 1 - Defs' Initial Disclosures, #2 Exhibit Exhibit 2 - Defs' 1st Supp, #3 Exhibit Defs' 2nd Supp, #4 Exhibit Defs' 3rd Supp) (Marks, Daniel)
October 8, 2021 Filing 44 MOTION for Partial Summary Judgment by Plaintiff Parnell Colvin. Responses due by 10/29/2021. (Attachments: #1 Appendix Appendix Volume 1, #2 Appendix Appendix Volume 2) (Marks, Daniel)
October 8, 2021 Filing 43 MOTION for Summary Judgment by Defendant M.J. Dean Construction, Inc.. Responses due by 10/29/2021. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P) (Rosenthal, Robert)
July 23, 2021 Filing 42 ANSWER to #21 Amended Complaint filed by M.J. Dean Construction, Inc..(Rosenthal, Robert)
July 9, 2021 Opinion or Order Filing 41 ORDER Granting in Part #22 Motion to Dismiss and Granting #23 Unopposed Motion to Strike. Signed by Judge Andrew P. Gordon on 7/9/2021. (Copies have been distributed pursuant to the NEF - MR)
June 25, 2021 Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/25/2021. Pending before the Court is the Motion for Substitution of Attorneys (ECF No. 37) filed on today's date. The Court finds the substitution is properly completed. Accordingly, IT IS HEREBY ORDERED that the Motion for Substitution of Attorneys (ECF NO. 37) is GRANTED.The Motion to Withdraw (ECF No. 30) is denied as MOOT. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
June 25, 2021 Filing 39 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/25/2021. By Deputy Clerk: E. Garcia.Motion Hearing set for Friday, June 25, 2021 at 1:30 PM in LV Courtroom 3C before Magistrate Judge Elayna J. Youchah is VACATED due to the filing of ECF No. 37. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
June 25, 2021 Filing 38 NOTICE of Docket Correction to #37 filed by attorney Daniel Marks. The Court has corrected and changed the event from Notice Appearance to Motion Substitute Attorney. No further action required. Do not refile document. (no image attached) (SLD)
June 25, 2021 Filing 37 MOTION Substitute Attorney NOTICE of Appearance by attorney Daniel Marks on behalf of Plaintiff Parnell Colvin. Substitution of Attorneys (Marks, Daniel) Modified event on 6/25/2021 (SLD).
June 21, 2021 Filing 36 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/21/2021 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Jesse Sbaih; Def Counsel: Robert Rosenthal; Recording start and end times: 10:18a.m. - 10:32a.m.; Courtroom: 3C; Plaintiff was not present. The Court makes preliminary remarks and hears representations of counsel as to #30 Motion to Withdraw as Attorney. The Court continues this matter due to the non-appearance of Mr. Colvin.Plaintiff's counsel is to mail (USPS) and email today's minute order to Mr. Colvin of the new hearing date, time and place. Mr. Colvin's failure to appear will not result in further continuances.Motion Hearing is continued to Friday, June 25, 2021 at 1:30 PM in LV Courtroom 3C before Magistrate Judge Elayna J. Youchah.Parnell Colvin is to appear in person for this hearing.Mr. Sbaih, his paralegal and Mr. Rosenthal are to appear via zoom. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
June 14, 2021 Opinion or Order Filing 35 ORDER Granting #34 Stipulation to Continue re 31 Minute Order (First Request). Motion Hearing reset for 6/21/2021 at 10:00 AM in LV Courtroom 3C before Magistrate Judge Elayna J. Youchah. Signed by Magistrate Judge Elayna J. Youchah on 6/14/2021. (Copies have been distributed pursuant to the NEF - MR)
June 14, 2021 Filing 34 STIPULATION TO CONTINUE (First Request) re 31 Minute Order Setting Hearing on Motion, #30 Motion to Withdraw as Attorney by Plaintiff Parnell Colvin. (Sbaih, Jesse)
June 11, 2021 Filing 33 REPLY to Response to #22 Motion to Dismiss by Defendant M.J. Dean Construction, Inc.. (Rosenthal, Robert)
June 9, 2021 Filing 32 NON-OPPOSITION to #30 Motion to Withdraw as Attorney by Defendant M.J. Dean Construction, Inc.. (Rosenthal, Robert)
June 9, 2021 Filing 31 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 6/9/2021. By Judicial Assistant: E. Santiago. Re: Jesse Sbaih & Associates, Ltd's Motion to Withdraw as Counsel (ECF No. 30). Hearing set for Friday, June 18, 2021 at 1:00 pm in LV Courtroom 3B before Magistrate Judge Elayna J. Youchah.(no image attached) (Copies have been distributed pursuant to the NEF - ES)
June 8, 2021 Filing 30 MOTION to Withdraw as Attorney by Ines Olevic-Saleh for Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
June 7, 2021 Opinion or Order Filing 29 ORDER Granting #24 Motion to Extend Time re #17 Order (First Request). Discovery due by 8/9/2021. Motions due by 10/8/2021. Proposed Joint Pretrial Order due by 11/8/2021. Signed by Magistrate Judge Elayna J. Youchah on 6/7/2021. (Copies have been distributed pursuant to the NEF - MR)
June 4, 2021 Filing 28 RESPONSE to #22 Motion to Dismiss by Plaintiff Parnell Colvin. Replies due by 6/11/2021. (Olevic-Saleh, Ines)
June 4, 2021 Filing 27 NON-OPPOSITION to #23 Motion to Strike by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
June 4, 2021 Filing 26 NON-OPPOSITION to #24 Motion to Extend/Shorten Time by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
May 28, 2021 Filing 25 LETTER to Judge Gordon dated 5/28/2021 from Parnell Colvin (filed Pro Se). (MR)
May 21, 2021 Filing 24 MOTION to Extend Time (First Request) to File Dispositive Motions re #17 Order, by Defendant M.J. Dean Construction, Inc. (Attachments: #1 Declaration Robert L Rosenthal) (Rosenthal, Robert)
May 21, 2021 Filing 23 MOTION to Strike Portions of #21 Amended Complaint, by Defendant M.J. Dean Construction, Inc. Responses due by 6/4/2021. (Rosenthal, Robert)
May 21, 2021 Filing 22 MOTION to Dismiss #21 Amended Complaint by Defendant M.J. Dean Construction, Inc.. Responses due by 6/4/2021. (Rosenthal, Robert)
May 18, 2021 Filing 21 First AMENDED COMPLAINT with Jury Demand against M.J. Dean Construction, Inc. by Parnell Colvin. No changes to parties. (Olevic-Saleh, Ines)
April 27, 2021 Opinion or Order Filing 20 ORDER Accepting #19 Report and Recommendation, Granting #7 Motion to Dismiss in Part, Denying #12 Motion to Amend, and Granting Leave to File a Second Amended Complaint. Amended Complaint deadline: 5/28/2021. Signed by Judge Andrew P. Gordon on 4/27/2021. (Copies have been distributed pursuant to the NEF - MR)
April 7, 2021 Filing 19 REPORT AND RECOMMENDATION. IT IS HEREBY RECOMMENDED that #7 Defendant's Motion to Dismiss Complaint be GRANTED in part and DENIED in part.IT IS FURTHER RECOMMENDED that #12 Plaintiff's Countermotion to Amend be DENIED without prejudice for the reasons stated above. IT IS FURTHER RECOMMENDED that Plaintiff be granted one additional opportunity to file a proposed second amended complaint within 30 days of the date this Report and Recommendation is ruled upon. Objections to R&R due by 4/21/2021. Signed by Magistrate Judge Elayna J. Youchah on 4/7/2021. (Copies have been distributed pursuant to the NEF - MR)
January 12, 2021 Filing 18 MINUTES OF PROCEEDINGS - Early Neutral Evaluation session held on 1/12/2021 before Magistrate Judge Cam Ferenbach. Pla Counsel: Jesse M. Sbaih, Esq.; Ines Olevic-Saleh, Esq.; Plaintiff Parnell Colvin; Def Counsel: Martin A. Little, Esq.; Robert L. Rosenthal, Chris Flanagan, CFO; Time of Hearing: 10:00 AM - 1:30 PM; (no image attached) The court met and conferred with the parties and counsel. A settlement agreement was not reached. Accordingly, IT IS HEREBY ORDERED that the case returns to the normal litigation track.(Copies have been distributed pursuant to the NEF - MT)
January 5, 2021 Opinion or Order Filing 17 ORDER. IT IS HEREBY ORDERED that #16 the proposed Discovery Plan and Scheduling Order is GRANTED to the extent it sets forth the timing and elements required of Rule 26 and Local Rule 26-1(b). The Discovery Plan and Scheduling Order is DENIED to the extent Defendant summarily seeks a stay of discovery. Signed by Magistrate Judge Elayna J. Youchah on 1/5/2021. (Copies have been distributed pursuant to the NEF - MR)
January 5, 2021 Filing 16 Proposed Discovery Plan and Scheduling Order by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
December 22, 2020 Filing 15 REPLY to Response to #12 Motion to Amend/Correct by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
December 15, 2020 Filing 14 RESPONSE to #12 Motion to Amend/Correct by Defendant M.J. Dean Construction, Inc.. Replies due by 12/22/2020. (Rosenthal, Robert)
December 8, 2020 Filing 13 REPLY to Response to #7 Motion to Dismiss, by Defendant M.J. Dean Construction, Inc.. (Rosenthal, Robert)
December 1, 2020 Filing 12 Counter MOTION for Leave to Amend #1 Complaint, by Plaintiff Parnell Colvin. Responses due by 12/15/2020. (Attachments: #1 Exhibit Exhibit 1) (Olevic-Saleh, Ines) Modified on 12/2/2020 to link to Complaint (SLD).
December 1, 2020 Filing 11 RESPONSE to #7 Motion to Dismiss, by Plaintiff Parnell Colvin. Replies due by 12/8/2020. (Attachments: #1 Exhibit Exhibit 1) (Olevic-Saleh, Ines)
November 18, 2020 Opinion or Order Filing 10 ORDER setting Early Neutral Evaluation session. Early Neutral Evaluation set for 1/12/2021 at 10:00 AM in LV Courtroom 3D by videoconference before Magistrate Judge Cam Ferenbach. The written evaluation statements must be delivered to chamber or (if statements and exhibits are over 100 pages, please send in multiple e-mails.) emailed to VCF_Chambers@nvd.uscourts.gov, not later than 4:00 p.m., January 5, 2021. Signed by Magistrate Judge Cam Ferenbach on 11/18/2020. (Copies have been distributed pursuant to the NEF - JM)
November 17, 2020 Filing 9 CERTIFICATE of Interested Parties by M.J. Dean Construction, Inc.. There are no known interested parties other than those participating in the case (Rosenthal, Robert)
November 17, 2020 Filing 8 CERTIFICATE of Interested Parties by Parnell Colvin. There are no known interested parties other than those participating in the case (Olevic-Saleh, Ines)
November 17, 2020 Filing 7 MOTION to Dismiss #1 Complaint by Defendant M.J. Dean Construction, Inc.. Responses due by 12/1/2020. Discovery Plan/Scheduling Order due by 1/1/2021. (Rosenthal, Robert) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
October 7, 2020 Filing 6 AFFIDAVIT of Service re #5 Summons Issued, #1 Complaint by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
September 29, 2020 Filing 5 Summons Issued as to M.J. Dean Construction, Inc. re #1 Complaint. (MR)
September 29, 2020 Filing 4 PROPOSED SUMMONS to be issued by Plaintiff Parnell Colvin. (Olevic-Saleh, Ines)
September 24, 2020 Filing 3 STANDING ORDER. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - MR)
September 22, 2020 Filing 2 NOTICE: Pursuant to Local Rule 16-6 this case has been assigned to the Early Neutral Evaluation Program. Magistrate Judge Cam Ferenbach will be the evaluating judge in this case. (no image attached) (MR)
September 22, 2020 Filing 1 COMPLAINT against M.J. Dean Construction, Inc. (Filing fee $400) by Parnell Colvin. Proof of service due by 12/21/2020. (Attachments: #1 Civil Cover Sheet, #2 Receipt No. NVLAS071973) (MR)
September 22, 2020 Case randomly assigned to Judge Andrew P. Gordon and Magistrate Judge Elayna J. Youchah. (MR)

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Defendant: M.J. Dean Construction, Inc.
Represented By: Martin A Little
Represented By: Robert L Rosenthal
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Plaintiff: Parnell Colvin
Represented By: Ines Olevic-Saleh
Represented By: Jesse M. Sbaih
Represented By: Daniel Marks
Represented By: Michael P. Balaban
Represented By: Nicole Marie Young
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